Special Election to Replace Byrd Will Be in 2012

By Marc Ambinder

West Virginia's Secretary of State, Natalie Tennant, has made a ruling: the special election to replace Sen. Robert Byrd won't take place until 2012.

I would have preferred to have allowed a little longer grieving and mourning
period before the question of who would replace him and how it would be done
were asked. Out of respect for Senator Byrd, and his many accomplishments and
wonderful service to this state, I wanted this office to mourn his loss and give
West Virginians time to pay tribute. He is owed that much.

"But I have a duty and that duty is to oversee
and lay out the process that will take place according to West Virginia State
Code.

"The State Code is an interesting document.
Within Chapter 3 that focuses on elections, there are several sections that
determine how vacancies are filled.

"Section 3-10-3
states that for terms with more than two years and six months remaining, such as
this one with Senator Byrd, the Governor will appoint a replacement who serves
the unexpired term until a successor has been elected.

"But that election
will not be the 2010 General election. Part of this same section of code,
requires the candidate to have filed during the filing period. That filing
period has already passed. There was a legal case in 1994 decided by the West
Virginia Supreme Court of Appeals that up held that position of requiring
candidates to file during the filing period.

"That means the
election for the unexpired term would be the next election cycle which would
take place in 2012. Candidates will be nominated in the primary and elected in
the general of 2012.